Presidents Message: Overview of Podcast #258

Kim Fuller


Audio may be found at:

Below is a synopsis of this episode.


Good Morning Residents.

Here is a synopsis of yesterday’s Podcast.

Tyler Ingle will be the new GM. Richard Smetana passed away a few weeks ago and Tyler has now been named the new GM. We will be looking for a person to replace Tyler as Controller.

I need to correct an error in my Podcast from last week. I was describing the reasons for allowing Golf to have outside players or guests and miscalculated the guest fee revenue. It is not $1.5 million but about $400,000 in revenue. My error for adding and subtracting different columns incorrectly. Thank you to Jurgen Gross who contacted me right away about the error.

The annual meeting for the HOA will be on April 6, 2021. The Board election, along with two CC&R changes will be on the ballot, so all ballots must be in before that date. Please fill out and send in your ballot right away-it should arrive at your home in late February.

There are four people running for the Board this April. Kim Fuller and Linda Aasen are running for re-election, while two new people are also running for the Board, John Macdonnell and Moira MacLeod-Foster. The current January edition of the View magazine will have statements from all the candidates. The Board election, along with the CC&R and By-law changes, will be on the ballot for the April annual meeting, so be sure to get your ballot’s in as soon as possible.

One of the CC&R changes that will be on the ballot is for a new State law, California AB3182, that went into effect on January 1, 2021. The CC&R Section that needs to be amended is 2.6.2. I describe this new law in the current View magazine, which changes the minimum rental period to 31 days, from 90 days as stated in our CC&R’s. The HOA will not allow rentals for 30 days or less. Our HOA is required to follow the new State law even though the CC&R’s state something different. So, effective January 1, 2021 our HOA will not allow rentals for 30 days or less.

We also have a provision in the CC&R’s most residents do not realize. If you hire a management company, you may rent your home for any amount of time, so as little as one night. The proposed change to the CC&R’s limiting rentals to 31 days will also eliminate this exception.

The new law requires us to change our CC&R’s to conform to the new State Law. We will present to the residents a CC&R change to conform to the new State Law. Hopefully, we can get enough ballots in favor of the change, but even if we do not get enough ballots to change our CC&R’s we will be required by law to enforce the new law no matter what our CC&R’s state. Unfortunately, we are not allowed to simply change the wording in our CC&R’s, we are required to have residents vote for the change in order to change our CC&R document.

A change to the CC&R’s happens by a ballot vote to all residents. To change a CC&R we need 51% of all homes to vote in favor of the change. This means we will need 1760 homes to vote in favor of the change to make it happen. If we do not get 1760 votes in the affirmative, we will have to leave the language in our CC&R’s the same even though it will not apply and it will be different from the new State law. When the ballot comes out be sure to vote for this provision so we can hopefully align our CC&R’s with the State law we are required to follow. If we don’t pass this in April with 1760 affirmative votes, we will have to hold a special election at a cost of $10,000 in the fall to try again to change the CC&R Section 2.6.2 to match the State Law.

The other provision the Board will present for a change is By-law Section 4.6.4, Balloting Time Requirements. This provision limits the time we can request ballots to 90 days. The proposed change is to remove the 90 day limit so the HOA can still request ballots from those that have not voted after 90 days to get more participation in the election. We are currently limited to the 90 day rule which affects the number of ballots that are turned in. The goal of this change is to have more residents vote by giving the HOA more time to collect ballots. This change does not affect how many affirmative votes it takes to change the CC&R ‘s or By-laws. It will still take 51% of all residents to make any change, this just allows more time to collect more ballots, so more residents participate and vote.

Some have asked if it is possible to have the COVID vaccine done onsite. The Board has discussed this possibility and decided against the idea because we have no insurance for any claim related to a virus. Virus claims are excluded from insurance policies.

Beginning on Thursday, January 7 residents in phase 1 will be able to call and make appointments for the Frontier internet plan installation. The Exception is residents not yet hooked up to Frontier will not be able to call in for about two weeks. The list of the 205 homes is on website. Frontier has not completed the work so another two weeks is needed before these 205 homes can call to make an appointment. If you call, they will say you can’t install yet because you won’t be on their list to install.

When we do hear of more COVID Cases we do try to contact anyone that might have had contact with that person in the last two weeks. Given the current reservation system we can track all the people that have participated in an activity and then send them notices of possible exposure if a resident participated in that activity. Please let us know if you are taken sick or test positive for the virus, we can help in the contacting of other residents to try and limit the exposure to other people. Given how fast cases are now climbing in areas around us, please use extreme caution. If you are high risk stay home, if you participate in activities, we suggest you always wear a mask, but the State only requires a mask when you are not able to keep social distancing.

Please be careful, wear a mask, keep social distancing, and no gatherings, this will all help to keep you healthy and safe.

Kim Fuller